Judicial Review On The Administrative Organ's Not Fulfilling Legal Duties

The failure of the administrative organ to perform its legal duties means that the administrative organ negatively perform,or refuse to perform,or improperly perform the acts(obligations)that the administrative organ should fulfill based on legal provisions,its own commitments,administrative contractual agreements,etc.whether the administrative organ fulfills its legal duties is related to the protection of the rights and interests of the relatives and the realization of the public interest.Judicial review of the failure of the administrative organ to perform its legal duties is supervising the administrative organs in accordance with the law and providing judicial relief channels for the protection of the rights and interests of the relatives.Determining the content and composition of the legal duties of the administrative organ is the premise and basis for the court to review the failure of the administrative organ to perform its legal duties.The legal duties of the administrative organ may be derived from the express provisions of the legal norms,may be set by general administrative normative documents,or may be legal obligations set by administrative contracts,administrative promises,etc.,or may be instructions from higher administrative agencies.The diverse sources of legal duties of administrative agencies directly affects the availability of judicial review.There are three main manifestations of the failure of the executive to perform its legal duties:delay in performance,refusal to perform,and improper performance.Each type of non-performance may correspond to a variety of litigation types.The types of administrative litigation include the lawsuit of performance,the lawsuit of revocation,the lawsuit of change,the lawsuit of confirmation,and the lawsuit of compensation.Relatives can choose the most favorable and convenient litigation method according to their needs based on types of non-performance of the administrative agency.The initiation of judicial review of administrative organs that does not perform legal duties requires certain preconditions.These conditions include qualified plaintiffs,qualified defendants,specific claims and factual basis,and a case belonging to the scope of the people's court.When the case enters the formal review process of the court,what should be reviewed is key to determining whether the administrative agency performs its legal duties.The procedure review is the first step in the court review.The second step is to review whether the administrative agency's identification of the facts and the application of the law are correct.Finally,the court can examine how effective the administrative agency is in performing its legal duties.If all parts are innocent,then the executive can be considered to have fully fulfilled its legal duties.The outcome of the court's review ultimately declares and determines whether the plaintiff's rights can be remedied and to what extent.For each type of non-performance of the executive,the types of judgments that the court can make are also diverse.Specifically,the types of judgments that may be applied mainly include six types:revocation judgment,performance judgment,payment judgment,confirmation judgment,change judgment,and compensation judgment.Judging from the nature of the administrative agency's failure to perform its legal duties,the performance of the judgment should best meet the plaintiffs claim.However,considering the current judgment structure based on the revocation judgment in China,the applicable methods of various judgment types including fulfilling judgments need to be further classified and discussed.